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9th June 2015, 08:18:AM #1
Help for Employers with Employment Law
ACAS have tons of help advice and support, a telephone helpline and example letters/contracts documentation available for free. Alternatively you can call the Acas Helpline on 0300 123 1100 or visit them online http://www.acas.org.uk/index.aspx?articleid=1461
The following documents are free and are here to help with disciplining staff. Others are available to help with Hiring staff and Managing staff.
Letters for all the stages of a formal disciplinary procedure under the Acas Code of Practice on Discipline and Grievance
- Letter giving an employee notice of a disciplinary meeting [30kb] - from a manager giving the reason they must attend, and the place, date and time.
- Letter giving an employee the decision of the disciplinary meeting [33kb] - from a manager, giving the verdict - in this case a first written warning or a final written warning - and explaining what it means for the employee.
- Letter acknowledging the employee has appealed against the disciplinary meeting verdict of a warning [30kb] - from a manager to the employee, saying who will hear the appeal, where and when.
- Letter giving the result of the appeal against the meeting’s verdict [29kb] - from a manager, giving the employee the decision of the appeal hearing.
- Letter arranging the meeting where disciplinary action will be considered [29kb] - from a manager, informing the employee their employer is proposing to dismiss them, or take other disciplinary action short of dismissal, and giving the date, time and place for the meeting.
- Letter informing the employee what disciplinary action will be taken against them [35kb] - from a manager, giving the employee the decision and reasons, but informing the employee they have the right to appeal.
- Letter acknowledging the employee has appealed against the disciplinary meeting verdict of dismissal [30kb] - from a manager to the employee, saying who will hear the appeal against the disciplinary action, where and when.
- Letter giving the result of the appeal against the disciplinary action [30kb] - from a manager, giving the employee the final decision in the disciplinary process.
Keeping a record
- Employee's disciplinary record [46kb] - listing the type of disciplinary action taken, the reasons why, details of any appeal and key dates.
Note: The samples for letters, forms and checklists are here to help you, but users must take full responsibility for the content they send out.
If, after looking at these templates, you feel you need additional help on handling discipline, Acas has other free guidance you can download.
- Code of Practice 1 - Disciplinary and Grievance Procedures
- Discipline and grievances at work: The Acas guide
- Advisory handbook - Discipline and grievances at work
Alternatively you can call the Acas Helpline on 0300 123 1100.
Be aware of Acas imitators
Have you been approached by anyone claiming to be working in association with Acas?
We sometimes receive complaints, mainly from employers, about companies contacting them who say they are part of and/or acting on behalf of Acas. They typically offer free initial advice but then ask you to sign up to a long-term, often expensive contract for employment and/or health and safety advice. Here are some points to help you avoid Acas Imitators:
- Ask directly if the person you are speaking with works for Acas - we don't use agents or outsource our advice to other companies,
- If the advice isn't from www.acas.org.uk or you didn't call the Acas Helpline on 0300 123 1100 - it's very unlikely to be from us.
If you receive a call from a company claiming to be associated with us or if you are simply looking for us on the internet, please check the contact details carefully to ensure they are ours:
- Any member of Acas staff will be able to tell you which Acas office they work from, you can check this detail against the list of Acas offices,
- Acas uses an email address format that ends with @acas.org.uk - if you are asked to contact an organisation using a different format, it isn't us,
- Our Helpline is completely confidential so we will never share your details with any 3rd party for a follow-up call about further services. If this is implied then the contact is not from us,
- If someone offers you advice which is geared only to you as an employer or an employee, or they offer to make a claim on your behalf or represent you in an employment tribunal - it's not us,
- If someone offers you free initial advice and then asks you sign up to a contract for ongoing advice and assistance - it's not us. We don't charge for ongoing advice from our Helpline or access to our website.
How do Acas's services differ from those of other providers?
- The only services we generally charge for are in relation to mediation, specific training or one off projects tailored to employers' needs,
- Acas writes guidance and maintains statutory Codes of practice on behalf of Government. If someone offers you advice which they claim is based on our Codes of Practice or best practices guides, please note that the advice will be based on their interpretation of the guidance which may be different from our own.
Are you concerned about an experience with a possible Acas Imitator?
Tell us and we'll do our best to put a stop to it now. Write to us using our Comments, Complaints and Compliments facility or call our helpline. If possible, please provide the following information:
- Name of the Organisation and representative(s) that contacted you,
- Date(s) and method(s) of contact,
- And most importantly, what they actually said to you (specific words, phrases etc) about Acas and their connection with Acas? - Please keep any documentary evidence you may have.
Do you believe you may have been misled by an Acas Imitator? All may not be lost - Consider seeking legal advice as you may have a claim against the Acas Imitator.“We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower
****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk
21st July 2016, 10:03:AM #2
Re: Help for Employers with Employment Law
I understand that the employer only has to have suspicion which is fair enough, but if you've spoken to the employer hr and they misinform you then it seems deceitful that you notify them you won't attend and they class it as a no show! And say hey yes you've resigned but we still will sack you and hold be meeting anyway so come or your gone.
I spoke to Acas and they told me that's all legal they can do that and think of it that your still in contract.
I've now got a sick note anyway as to be honest I have been generally unwell it is for gastronitis the sick note from my gp until Monday. (my notice period ends on Wednesday.)
I do have another job I start on Monday through an agency. The agency I've been honest with about it all and they said the reference will be fine ?
What would you do?
12th April 2017, 15:00:PM #3
Re: Help for Employers with Employment Law
Hi, I got medically terminated last year in April from London Underground.I had a good case against them.Iv suffered anxiety disorder since I was a teenager.I had a nervous breakdown in 2015 and was struggling to go to work, I asked my manager for reasonable adjustments and he said no.Its a long case to go on about.I didn't win the appeal as managers stick with managers.I shouldn't have been sacked.My union the RMT made a mess of it, they didn't want to know me after that.My rep said we will go to tribunal and stick to wanting your job back and compensation.Oneday out of the blue, a rep called and said he was doing the conciliation.In a nutshell I took my other reps advice and said il stick to keeping my job but with reasonable adjustments.The company said they wouldn't give my job back, apparently they never do, only seems to be the reps that do.Anyway I thought okay we are taking them to tribunal.Later that day, out of the blue again, the RMT solicitor said we won't go to tribunal as mental health is difficult to prove and came up with just about anything not to do it.I was so depressed as at the same time I owed £50,000 the Dwp were trying to stop me getting sick payments and said I was fit for work, and by now I was agoraphobic as well.It just piled on.I had got divorced and I'd lost my brother to cancer.I couldn't get any help as I wouldn't go out, I couldn't get anyone to come to my home.I was wondering, is there anyway I could bring the case back up now? I'm not really Better but I'm so bitter.I had tribunal last week and won my appeal for esa as well.The Dwp got me in such a state.I also need to go bankrupt but I'm so stressed I can't even think about doing the online form, I haven't got the money upfront.I can't believe all this has happened, so I'm extremely depressed, none of this needed to happen, I'm the one that's stuck in an en suite room not wanting to go out anymore.I want to take the Dwp to court, definitely, they have made me so ill, luckily I had someone from the council that witnessed the assessment.I just don't know who to go to or speak to about taking the Dwp to court, the judge said the assessor was completely wrong.The judge told me straight away I'd been awarded esa.I want to take the dwp to court though, I won't forgive myself if I don't.They nearly finished me off.
Also would I be able to take the union and also separately London Underground to court? I know I'd win, the rep knew he messed it up, the top functional leaders just didn't reply to emails, I had no meeting to tell me what to ask for at conciliation before, I even told the acas guy, he sided with the union, but I was supposed to have a meeting.My rep was on holiday at the time.Niether expected conciliation to be so soon.Once the cert was issued that was that.All the time I was filling forms for housing benefits, esa, pip and I'd never been unemployed before, I'd struggled with mental health for years, I managed to scrape through, but my attendance was bad, I had asked for reasonable adjustments though, it may have been prevented.Please can anyone tell me, on the grounds of mental health, could I bring the case back up as I didn't know what to do, Everyone that was supposed to help didn't help and I just deteriorated.Im scared to death about bankruptcy, I just want to be released after a year and be left alone, I can't pay the fee all in one go.Also though, I have to take the Dwp to court, I'd never forgive myself, my sanity is hanging by a thread because of all three of them.I know I won't be able to move on if I don't try and do something.I live in North west london in harrow, I would need legal aid if I needed a solicitor.I don't know any solicitors for employment, or for the Dwp.I don't know who to call or what to do.Please can anyone help? I'd really appreciate it.CAB didn't even reply to my emails, I tried to get a home visit but no one replied.I feel like a prisoner in my own place.I feel to just let any of this go would be wrong.I really am desperate.Please if anyone can help please, I just can't keep being told 'no just leave it, it will upset you more'.I could have killed myself, other people have.Luckily I'm not suicidal, but the fact all of this, on top of a nervous breakdown how Iv scraped through I don't know Honestly.
Appreciate any advice.Thank you.
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